PISANO v. STRACH

No. 13-1368.

743 F.3d 927 (2014)

Al PISANO; North Carolina Constitution Party; North Carolina Green Party; Nicholas Triplett, Plaintiffs-Appellants, v. Kim Westbrook STRACH, as Executive Director of the North Carolina Board of Elections; Josh Howard, as Member of the North Carolina Board of Elections; Rhonda Amoroso, as Member of the North Carolina Board of Elections; Paul Foley, as Member of the North Carolina Board of Elections; Maja Kricker, as Member of the North Carolina Board of Elections; Joshua Malcolm, as Member of the North Carolina Board of Elections, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: February 27, 2014.


Attorney(s) appearing for the Case

ARGUED: Robert Milton Bastress, Jr. , Morgantown, West Virginia, for Appellants. Susannah Porter Holloway , North Carolina Department of Justice, Raleigh, North Carolina, for Appellees. ON BRIEF: Jason E. Huber , Charlotte School of Law, Charlotte, North Carolina, for Appellants. Roy Cooper , North Carolina Attorney General, Susan K. Nichols , Special Deputy Attorney General, North Carolina Department of Justice, Raleigh, North Carolina, for Appellees.

Affirmed by published opinion. Judge DIAZ wrote the opinion, in which Judge NIEMEYER and Judge MOTZ joined.


DIAZ, Circuit Judge:

North Carolina provides three ways for a candidate to appear on a general election ballot when running for a partisan federal, state, county, or municipal office.1 First, a "recognized" political party may nominate candidates. Second, unaffiliated candidates may petition to appear on a general election ballot. Third, and most relevant here, a "new" political party may nominate candidates.

In this appeal, Al...

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